The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Many professional responsibility professors struggle to engage students in a required course, one that students wouldn’t otherwise have chosen to take, covering material that simultaneously appears both obvious and intricately technical. Ethical Lawyering: A Guide for the Well-Intentioned addresses those concerns with a fresh look at teaching and learning Professional Responsibility. Instead of containing impenetrable cases typical of most professional responsibility casebooks, which force students and teachers to sort out convoluted facts and incomplete or out-of-date analysis, this book “flips the classroom” by providing detailed explanations of the Model Rules, accompanied by problems for class discussion that require students to explore how the Rules apply in real-world situations—a structure which lends itself easily to both in-person and online courses. The book’s explanations are focused on building statutory interpretation skills, and then bringing these skills to common practice scenarios. Discussion covers all aspects of the law governing lawyers, from professional discipline to civil liability to court sanctions, as well as informal concerns, such as client relations and the business of law practice. Professors and students will benefit from: A “flipped classroom” structure in which the book provides detailed explanations of the Model Rules, interspersed with problems for class discussion, that are both drawn from practice and illustrate some of the challenges in applying the rules in real-world situations. MPRE-style multiple-choice review questions at the end of each chapter (or after substantial portions of a chapter) addressing the material. An informal, irreverent, down to earth, and conversational style, meant to be accessible, crafted to engage students without understating the seriousness of the subject matter, and to encourage them to put themselves into the “hot seats” that the problems describe. A statutory construction approach to the Model Rules, designed to build text-interpretation skills. A comprehensive treatment of the law regulating lawyers, considering all of the practical hazards that lawyers face, and illustrating the connections between the Model Rules as a basis for professional discipline and the law of torts (fiduciary duty and malpractice), contracts (scope of the attorney-client relationship and engagement agreements), agency (authority), and procedure (sanctions), as well as informal concerns such as client relations and reputational issues. A digital edition that includes links to all necessary statutory materials. Teaching materials Include: A detailed Teacher’s Manual, including: Suggested syllabi for two-hour and three-hour courses. Detailed analyses of all of the problems, including pedagogical suggestions, to stimulate class discussion. Explanatory answers to the MPRE-style multiple-choice review questions. Suggested PowerPoints for class use. Two online-only chapters (The Government Lawyer; Judicial Ethics).

"Ethical Lawyering retains the strengths of the first two editions, with a continued focus on the complexities of the law and ethics rules governing lawyers as reflected in the modern caselaw, the most recent ABA Model Rules and state variations, and ABA and state ethics opinions. An ideal length for a two- or three-credit course in professional responsibility, this casebook provides comprehensive yet streamlined coverage of a subject as challenging as any in the law school curriculum."--Publisher's website.

How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

This book is a timely and useful supplement to such basic courses as Professional Responsibility, business enterprises, and even commercial law. It may also be assigned in such classes as securities regulation, business/corporate ethics, and inside counsel. Indeed, a course in ethics for the business attorney may adopt this book as its primary source. The book uses the problem method to provide a concrete mode of analysis. This method works nicely to bring reality to the scene and energize the students. Rather than discussing abstract issues in a vacuum, the problem method in this setting enables students to apply the book's materials to real situations. The book contains material devoted, for example, to the following subjects: 1) the role of the business lawyer; 2) identifying counsel's client; 3) client-fraud dilemmas; 4) conflicts of interest; 5) role of in-house counsel; 6) related party transactions; 7) internal investigations; and 8) basics of business practice.

Professional roles are often thought to bring role-specific permissions and obligation, which may allow or require role-occupants to do things they would not be permitted or required to do outside their roles, and which as individuals they would rather not do. This feature of professional roles appears to bring them into conflict both with ‘ordinary’ or non-role morality, and with personal integrity which is often thought to demand some form of personal endorsement of one’s conduct. How are we to reconcile the demands of roles with ordinary morality and with personal integrity? This collection draws together a set of papers which explore these questions as they bear upon a number of different professional roles, including those of the lawyer, the judge and the politician, and from a variety of perspectives, including contemporary analytic moral theory, jurisprudence, psychoanalytic theory, virtue ethics, and contextualism, and, more broadly, from philosophy and legal academia and practice.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

People need lawyers for many things, including tax and immigration advice, drafting contracts, preparing wills, buying and selling houses, forming and dissolving companies, and representation and advice during divorce, probate, personal injury and criminal charges. But many people do not trust lawyers. With good reason, they fear that lawyers will neglect or overcharge them, betray them out of self-interest or on behalf of others, or obstruct the pursuit of justice out of overzealousness. Although the legal profession drafts ethical rules, law schools teach those rules, the bar exam tests lawyers' knowledge, and disciplinary bodies enforce them, we know that violations by lawyers are all too common. Lawyers on Trial: Understanding Ethical Misconduct by California Attorneys, by Richard L. Abel, presents six dramatic accounts of California lawyers who betrayed their clients and the legal system. Through the detailed records of the disciplinary proceedings, it examines some of the most common complaints about lawyers: chasing ambulances, charging excessive fees, violating conflict of interest rules, and displaying excessive zeal. These complex and compelling dramas serve to make the ethical rules, and the temptations they seek to curb, come vividly alive for law students, lawyers, those thinking of becoming lawyers, anyone who has been or might some day be a client, and the general public. The lessons to be drawn from these situations can help the legal profession and the public devise better strategies for ensuring that lawyers abide by the rules.

What options did Paul Bernardo’s lawyer have when his client directed him to retrieve hidden evidence? Where would David Milgaard be today if a lawyer hadn’t doggedly challenged his murder conviction? And what should a defence lawyer do when told her client is a danger to the public? In this equally inspiring and troubling book, leading Canadian legal academics and practising lawyers draw on real-life stories – case studies, biography, and memoir – to examine the tension between ethics and the law. Whether re-examining high-profile cases, celebrating barristers who tore down barriers, or pointing out current injustices within the justice system, their stories are compelling and raise important questions about what it means to be a “good” lawyer.

This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making. The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They have found that students enjoy studying and discussing behavioral insights, and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines, policy, and context that underlie the law of lawyering and the ABA Model Rules. A sampling of student testimonials include: "I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession." "I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens." "I appreciated the unique take from the behavioral sciences side." "It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point."

William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.